SANDEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 35 of 2019, dated 12.02.2019, under Sections 341, 323,147, 149, 506, 427, 447, 120B and 382 IPC and Sections 25/54-59 of the Arms Act, registered in Police Station, Parwanoo, District Solan, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 12.02.2019 Shri Lakhwinder Singh (complainant) made a written complaint to the police, wherein he alleged that he is owner of M/s Dashmesh Transport Company, Shitla Mata Mandir, Old Kasauli Road, Tehsil Kasauli, District Solan, H.P. As per the complainant, on 11.02.2019, at about 04:30 to 05:00 p.m., 60-70 persons reached on the spot and 2/3 persons were armed with guns. He has further stated that Pramod Sharma (petitioner in Cr.MP(M) No. 281 of 2019) and one Pinkoo Sharma were leading the mob and they openly fired in the air. Promod Sharma and Pinkoo Sharma goaded the mob to kill the complainant, but somehow he managed to escape. The office of the complainant was damaged and cash amounting to Rs. 1,50,000/- (rupees one lac fifty thousand) was stolen. One Lakhwinder @ Goldy, who was present in the office, was beaten up by the mob. The complainant recognized some of the persons of the mob and he named them in his complaint. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. On 12.03.2019 police prepared a spot map and photographs of the spot were clicked. Police effected the relevant recoveries and the SFSL team collected scientific samples from the spot. Injured Lakhwinder @ Goldy was medically examined. On 12.02.2019 Pramod (petitioner in Cr.MP(M) No. 281 of 2019) and Ghanshyam were arrested. Some of the accused persons, in order to evade their arrest absconded, however, later on some of the accused persons were arrested. On 17.02.2019 Manvir Singh (petitioner in Cr.MP(M) No. 282 of 2019) made a disclosure statement to the police and got recovered sticks and rods. On the basis of his disclosure statement police prepared the spot map. Some other accused persons also made disclosure statements, which yielded into preparing spot map. Police also recovered empty cartridges, which were taken into possession. Petitioner Rishi also made a disclosure statement and led the police party to a secluded place near Ghaghar River. On the basis of the statement made by accused Rishi and on his identification, police recovered a pistol and two alive cartridges, which were taken into possession by the police. Police also prepared the spot map of the recovery of these articles. During the course of investigation, police recorded the statement of the injured. As per the statement of the injured, 10-12 persons came to the office and gave beatings to him and he fell unconscious. It has come in the investigation that there exists a dispute qua management of canter/pickup union. Police also found that the accused persons and the petitioners alongwith others were involved in the crime. As per the Medical Officer, the injured sustained grievous injuries. After the incident there is insecurity amongst the people of the society. The petitioners and the accused persons breached law and order and also attempted to destroy the evidence. Lastly, it is prayed that the bail applications of the petitioners be dismissed as the petitioners were found involved in a serious offence and in case they are enlarged on bail, there is strong apprehension that they may tamper with the prosecution evidence and may also flee from justice. Therefore, the bail applications of the petitioners may be dismissed.